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New York Personal Injury Attorneys

What to Do After Being Injured By a Defective Product

April 20, 2023 in

Consumers trust that products will work as intended. Products that fail to deliver on their promise or malfunction can cause serious injuries. These injuries can be painful, debilitating, and life-altering and may result in lost wages, medical bills, and emotional trauma. 

If a defective product has injured you or a loved one, it’s crucial to take action immediately. Below, the trusted personal injury attorneys at SPBMCC discuss what to do after being injured by a defective product.

What Constitutes a Defective Product Case?

Defective product cases can include medical devices, drugs, and consumer products such as Roundup weedkiller or Johnson’s baby powder. In some cases, design defects in products cause harm to individuals. Other times, injuries are caused by manufacturing defects, such as toxic chemicals or materials used in production. 

SPBMCC has an experienced products liability team, who has litigated a wide range of product cases involving defective and dangerous products, medical devices, drugs, and consumer goods ranging from Talcum Powder to Exactech® knee implants.

What Should I Do Following a Defective Product Injury?

Your health and safety should be your top priority after being injured by a defective product. Seek medical attention immediately, even if you think your injuries are minor. Some injuries, such as head injuries or internal bleeding, may not be immediately apparent but can have severe consequences if left untreated. 

Once you’re safe, it is essential to consult with an experienced defective products attorney to discuss your legal options and whether you may be able to file a products liability claim. Here are a few more steps you can take following your injury.

  • Seek medical attention. 
  • Document your product injury. Include expenses, photographs, and a narrative. Make sure to record your injury as soon as possible, while it is still fresh in your mind, as this documentation can be substantial evidence in a product liability case.
  • Report the incident to the manufacturer or seller.
  • Preserve the evidence.
  • Follow the doctor’s orders. This ensures that you receive the necessary medical care and creates a record of your injuries and recovery.

How to Report the Defective Product

To report a defective product to a manufacturer or seller, contact them through their customer service or complaint hotline or by sending a letter to their headquarters. Ensure to include all relevant information, such as the name and model of the product, where and when you purchased it, and how it caused your injuries.

You should also keep any receipts or other documentation related to the purchase of the product and any additional costs you incurred due to the incident, such as medical bills or lost wages. If possible, take photographs of the product and the injury. Additionally, if you know of other people who have had similar experiences with the product, collect their contact information to use as witnesses.

Consult with a Personal Injury Lawyer

Product liability cases can take time to resolve. However, taking the necessary steps can help you recover compensation for your injuries and hold the responsible parties accountable.

It is important to consult with a product liability attorney to determine your legal options. An experienced attorney can help you navigate the legal process and pursue compensation for the injuries you sustained due to a defective product. They can also advise you on whether to pursue a personal injury lawsuit, a class-action lawsuit, or negotiate a settlement with the manufacturer or seller.

Be patient and trust the legal process. Your attorney will work to achieve the best possible outcome for your product liability lawsuit.

Contact the New York Product Liability Lawyers at SPBMCC Today

As a full-service personal injury law firm, Sullivan Papain Block McManus Coffinas & Cannavo, P.C. specializes in all areas of personal injury, including product liability. Our dedicated litigation support teams diligently and vigorously represent clients, including matters related to 9/11-related illness, personal injury, car accidents, construction accidents, medical malpractice, premises liability, product liability, and firefighter law across New York City, Long Island, Nassau, and Suffolk counties, as well as New Jersey. Contact us today to learn more about our firm or schedule a consultation with an attorney.

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Our fee is on a contingency basis. If we don’t recover money for you, we will never charge you. If you are unable to come to any of our offices, we are happy to visit you at home or in the hospital.

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